Instructions And Requests for Instructions From the Court to the Jury in Jury Tr
Instructions And Requests for Instructions From the Court to the Jury in Jury Tr
Frederick Sackett
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On Meas. Dam. , 35; Cutler vs. Smith, 57 111. , 252. Tlie jury are instructed, that in action of trespass to pei-sons or property, when the evidence shows the trespass to have been malicious and wilful, oppressive, or wantonly reckless, the jury may give what are known as punitive or exemplary damages. III. CO St. L. Ed. Co. Vs. Cohh, 68 111. , 53. The court instructs the jury, that to justify the recovery of exemplary damages for a trespass to property, it nmst be shown, by the evidence, that ...the defendant was actuated by malice or a reckless disregard of the plaintiff's rights, and when two are sued, and one of them is not chargeable witli malice or reck- lessness, exemplary damages cannot be recovered against both. JBecIcer vs. Dupree, 75 111. , 167. Exemplary Damages Defined. — Exemplary damages mean dam- ac^es given by way of punishment for the connnission of a wa-ong wilfully or wantonly, or with some element of aggravation. They are not the measure of the pi-ice of the property, or actual danuige sustained, l)ut they are given as smart money in the way of pecuniary punishment, to make an example for the pul)lic good, and to teach other persons not to offend in like manner.
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